The Clinesmith Plea Was Invalid and Will Have To Be Re-Opened
Kevin Clinesmith is the ex-FBI lawyer who inserted the false statement that Trump staff aide Carter Page was not a CIA source into material used to secure an ex parte FISA warrant for surreptitious electronic surveillance on the Trump campaign. He got caught and was charged with a violation of the false statements statute, 18 USC 1001. He purported to plead guilty this week. But because he refused to admit, and in fact specifically denied, a key element of the offense — intentional deceit — the plea is invalid. The Assistant US Attorney should have caught this, and at all events the court should not, and legally could not, have accepted the plea when the defendant unambiguously maintained that he did not have the statutorily-required bad intent. The plea hearing will have to be re-opened, or the case will have to go to trial.
